Mohan Choudhary And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78350 of 2018 Arising Out of PS. Case No.-263 Year-2018 Thana- PIPRA District- East Champaran ====================================================== 1.Mohan Choudhary son of Rukhani Choudhary

2. Suraj Kumar son of Yadolal Choudhary both residents of village Hathiyahi, P.S. Piprakothi, Distt. East Champaran ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Smt. Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-01-2019 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in connection with Pipra P.S. Case No. 263 of 2018 registered under Sections 414, 272, 273 of the Indian Penal Code and Sections 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018.

Ten liters country made liquor is said to have been recovered from the possession of the petitioners. It is submitted by the learned counsel for the petitioners that no incriminating article has been recovered from conscious physical possession of the petitioners. They have been falsely implicated in this case at the instance of the enemy planting aforesaid recovery from their possession. They have no

Patna High Court Cr.Misc. No.78350 of 2018(2) dt.11-01-2019 2/2 concern with the seized liquor. The petitioners have no criminal antecedent. They have been languishing in custody since 06.10.2018.

On the other hand learned APP opposed the bail prayer of the petitioners.

In the facts and circumstances of the case, the above named petitioners are directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Special Judge, Excise Act, Motihari, East Champaran in connection with Pipra P.S. Case No. 263 of 2018.

(Prakash Chandra Jaiswal, J) sushma/- U T